9911796707
TMI Blog2002 (12) TMI 473X X X X Extracts X X X X X X X X Extracts X X X X ..... er per : Jeet Ram Kait, Member (T) (Oral)]. This appeal is directed against the Order-in-Appeal No. C. Cus. 157/2002, dated 24-4-2002 passed by the Commissioner of Customs (Appeals) by which the Commissioner (Appeals) has rejected the appeal of the appellants by confirming the order passed by the lower authority whereby the lower adjudicating authority had enhanced the declared value of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es below. He, therefore, submitted that the enhancement of value by the authorities below is not sustainable. He further submitted that the appellants had also placed orders for another import of 140 MTs of the goods viz. Synthetic Camphor for US $ 1,89,000/- for supply between 9/2002 and 1/2003. In view of the above submission and in the absence of evidence to reject the transaction value, and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng and the purchase order was placed for supply of this bulk quantity of 84 MTs of the goods. The learned Counsel also referred to page 23 of the paper book and submitted that they have opened irrevocable letter of credit for part-consignment which also mentions the proforma Invoice No. 662/00 DD 010119 for a value of USD 36820. He further submitted that even oral agreement could be termed as cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the adjudicating authority all the invoices and letter of credit pertaining to the import of the total quantity of 84 MTs to satisfy the Commissioner that the contracted quantity of 84 MTs was actually imported by them and after doing so, the declared value of USD 1315 per MT shall be accepted by the authorities. We also observe that the department has now accepted the value of USD 1350 per MT f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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